Justice Breyer At Alabama

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1 Response

  1. Simon says:

    Hopefully (for those who support the importation of foreign law, at any rate), Justice Breyer was more pursuasive than he was here, and sucesfully overcame the overwhelming objections voiced by his colleague here. I somehow doubt that he did (or indeed, could – and Justice Breyer is the finest mind to support the proposition, so if he can’t, it hardly portends well for the idea), but I remain open to being pursuaded.

    Additionally, I continue to object to Gewirtz & Golder’s standard for judicial activism, insofar as it is an absurd and inapt metric. See Less nebulous than you’d think, 9/23/2005, at pp.2-4.

    I’m not saying Justice Breyer is the bogeyman; he is a very smart, personable chap, and surely far less liberal than he is sometimes made out. But I’m not sure I agree with your conclusion either, Dan.